12/01/75 Board of Public Works Minutes

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REGULAR MEETING DECEMBER 1. 1975 the fence, he has been able to keep two dogs inside the fenced area and he has had no problems with security. Mr. Dunfee said the fence allows 90% visibility. He said he realized the Board might be setting some kind of precedent in this matter. He said Mr. Leyba would be willing to submit an indemnity agreement to the City providing that Mr. Leyba could continue to use the property with some restrictions. The City could have such an agreement recorded for record. Mr. Leyba would agree that there would no no obstruction to visibility in the area. He would agree to take the fence down within fifteen days of receiving notification from the City that they wanted it taken down. Mr..Leyba would make a $250.00 deposit at the First Bank and Trust Company to secure removal of the fence if he did not take it down within fifteen days of notification. Mr. Dunfee said an estimate was obtained from the Calho Fence Company and this deposit is five times the amount needed to remove the fence- Should this occur sometime in the future when this amount would not be sufficient for removal of the fence, the agreement would provide, in case of default, that a lien would be placed on the real estate in question. Mr. Dunfee said they are trying to protect the City in this matter and feel that this would not hurt the City in any way, it would not hurt the surrounding property owners, and the granting of the petition would have great value to Mr. Leyba. Mr. Seitz asked Mr. Dunfee if the security problem could be handled by moving the fence back. Mr. Dunfee said in order to provide for maximum security, the dogs have to be where they can see the front entrance to the building and that is near the sidewalk. Mr. Farrand noted that there is a traffic control sign behind the fence and the City cannot get to that sign. He said the property owner should have been aware that this traffic control sign was on the public right-of-way. Mr. Farrand also noted that this matter came to the Board through a complaint regarding the construction of the fence. Ray S. Andrysiak, Bureau of Engineering, advised the Board that simply noving the fence back six feet would not solve the problem. The right-of-way line extends all the way back to the garage building, which is about fifteen feet. Mr. Andrysiak said across Olive Street from the half -section line, we have a forty foot right-of-way and on Mr. Leyba's side of Olive Street there is a twenty-five foot right-of-way. He said the people across Olive Street could put up a fence about a foot from the sidewalk and be on the property line. On Mr. Leyba's side of Olive Street, the right-of-way extends fifteen feet from the sidewalk. Mr. Dunfee said they would provide for relocation of the traffic control sign. Ile said he would be happy to speak to the complainant in this matter. Upon motion made, seconded and carried, the Board tabled the matter for further review. It will be brought before the Board again on Monday, December 15, 1975. COMPLAINT - ICE AND SNOW ON STREETS Gene Evans, Civic Planning Association, called the attention of the Board to the bad driving conditions last Wednesday, November 26 because some streets in the southeast area, particularly Miami and Ireland Road, did not have salt or sand applied. Mr. Farrand said he would look into the matter and thanked Mr. Evans for bringing the matter to the Board's attention. Mr. Farrand noted that he was out on the streets Wednesday evening and the streets he drove all appeared to be passable. 0 1